TERMS OF USE

(Last modified on July 8, 2019)

 

  1. Welcome; Acceptance and Modifications; Contacting Us

Welcome to the PQMC Website and e-commerce Services.  We thank you for choosing to shop with us.

By visiting our Website and / or using the Services (including but not limited to purchasing a Product), or by registering for an account, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions.  If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website or Services, and if you are making an order, you should not proceed with your order. The TOU are a legal and binding agreement between you and us.  

PQMC reserves the right, at any time and without prior notice, to modify or replace any of the TOU.  Any changes to the TOU can be found at this URL.  It is your responsibility to check the TOU periodically for changes.  Your use of the Website or the Services following the posting of any changes to the TOU constitutes acceptance of those changes.  If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to the email address specified in your account, or by posting a prominent notice on the Website.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website and Services.

If you have any questions about the TOU, please contact:

PQMC Legal

adminpqmc@pqmcstore.com

or:

PQMC Legal

PO Box 531

SP Saint-Charles

Kirkland, QC

H9H 0A6

  1. Definitions

These TOU cover several different situations, so please refer to the following definitions for clarification:

PQMC” refers PQMC – Power Quality, Magnetics and Conversions Inc., a duly incorporated company in the Province of Quebec, Canada.  Where the present TOU refer to “PQMC”, they may refer to PQMC and / or its affiliates, subsidiaries, employees, officers, directors, subcontractors, agents, partners or representatives, depending on the context.  Any reference to “we”, “our”, or “us” in these TOU shall also refer to PQMC.

Products” refers the various products you can purchase through the Services on the Website.

Services” are the e-commerce software services that PQMC has developed and / or licensed that allow you to purchase Products on the Website, and related functionalities.

Users” refers to anyone using the Website or Services. In these TOU, a Website visitor or Services User may also be referred to as “you”.  When a Services User has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Services User has made a purchase of a Product, they may be referred to as a “Purchaser”.

Website” refers to the website located at the URL https://pqmcstore.com which is owned and operated by PQMC, and includes all subdomains, present and future.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, and will have the same meaning in these TOU as they do there.  The definitions found in these TOU shall also apply to the Privacy Policy.

  1. General Code of Conduct for Use of the Website and Services

By visiting the Website and / or using the Services, you agree to:

  1. Not use the Website or Services in any manner that in any way violates these TOU or any other applicable policy posted on the Website by PQMC;
  2. Not use the Website or Services in any manner that violates any intellectual property rights of PQMC or any third party;
  3. Not use the Website or Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
  4. Not use the Website or Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to PQMC or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of PQMC, other Users, or any other third party;
  5. Not: (1) take any action that imposes or may impose (as determined by PQMC in its sole discretion) an unreasonable or disproportionately large load on PQMC’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or Services or any activities conducted through the Services; (3) bypass any measures PQMC may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website or Services; or (5) harvest or scrape any content from the Website or Services in an unreasonable manner;
  6. Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Website or Services;
  7. Not use the Website or Services to in any way collect information (whether Personal or not) of any third party or in violation of PQMC’s Privacy Policy;
  8. Not interfere with any third party’s use or enjoyment of the Website or Services;
  9. Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
  10. Not attempt to do any of the foregoing prohibitions;
  11. Use the Website and Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
  1. Accounts, Passwords and Logged-in Users
  1. Accounts and Passwords

In order to use certain aspects and functions of the Services, you may be required to create an account. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU.

As part of the account registration, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.

If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. PQMC, its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.

PQMC reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.

  1. Age Requirements

You must be 18 years of age or the age of majority in your province or state to use the Services to purchase Products. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these TOU.

  1. Account Information

The information required to create a User account is the following: email address. This information you submit as part of the sign-up process may be referred to in the present TOU or the Privacy Policy as “Account Information”.

By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.

  1. Products, Pricing, Taxes and Payments
  1. Products for Sale through the Services

We have done our best to display as accurately as possible the colours of the Products shown on the Website. However, because the colours you see will depend on your monitor or display, we cannot guarantee that your display of any Product colour will be accurate. While the Website attempts to be accurate in its product descriptions, PQMC does not represent or warrant that Product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. If you find that a Product you purchase is not as described, your sole remedy is to return it in accordance with PQMC ‘s Return Policy.

The purchase of Products on the Website is subject to availability. In the event that PQMC advises you that any Products are no longer available, PQMC will have no obligation to fulfill your order and you will have no obligation to pay PQMC for the order. If your payment has already been made, you will be refunded.

  1. Pricing and Payments

Prices displayed through the Services are firm and in Canadian or American dollars, depending on the choice you have made on the Website. The price may be converted to other currencies at the time of payment processing, depending on your country of origin and / or credit card account agreement. Prices do not include applicable sales taxes, delivery fees or any other applicable fees, which shall be displayed during the checkout process, depending on your location and selections you have made (for example delivery method).

By confirming your purchase at the end of the checkout process by clicking the “Proceed to PayPal” button, you agree to pay PQMC the amount set out as the Total in the “Your order” section of the checkout process. The Total is quoted in Canadian or American dollars depending on the choice you made on the Website, and includes shipping and handling fees, any applicable environmental or other additional fees, and all applicable taxes.

Depending on your location, your purchase may be subject to import duties, national or local taxes, and/or customs or brokerage fees which will not be displayed during the checkout process.  You acknowledge that you are solely responsible for any of these additional charges.

While we strive for accuracy in the pricing displayed on the Website and the other product information we provide, errors can occur. In the event that a Product is mistakenly listed at an incorrect price, PQMC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PQMC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Purchaser’s credit card charged. If the Purchaser has already been charged for the purchase and the order is cancelled, PQMC shall issue a credit to the credit card or PayPal account used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping or other fees).

  1. Billing Information and Payment Processing

In order to make a purchase of Products through the Services, you will be required to enter your name, address, email address and phone number, and shipping address if different from your billing address. This may be referred to in these TOU or the Privacy Policy as “Billing Information”.

Once you have entered all your Billing Information and click the “Proceed to PayPal” button, you will be redirected to the website of our payment processor PayPal, so that you may make your payment. PayPal currently accepts certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options (as well as your PayPal account) but these are subject to change without notice. Once transactions are accepted by PayPal, they are processed in accordance with their program rules and procedures and Terms of Use. PQMC and PayPal are unaffiliated companies and PQMC has no influence on the operations of PayPal. PQMC and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of PayPal.

All Billing Information is collected by PayPal, on their own secured servers. PQMC does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of PayPal. Non-financial information will, however, be available to PQMC for shipping and data-keeping purposes.

  1. Shipping and Delivery

Delivery of Products is only available to certain locations, as will be displayed to you upon checkout. Depending on the circumstances and the method chosen, delivery may be made by third-party delivery services selected by PQMC (the “Third-Party Delivery Services”). The Third-Party Delivery Services are currently limited to UPS, but this is subject to change. Depending on the method of delivery, there may be additional delivery costs, which shall be displayed to you upon checkout.

PQMC shall in no way be held responsible for any damages resulting from any error or failure on the part of Third-Party Delivery Services. Risk of loss, damage or destruction shall pass to Purchaser upon delivery, except as provided for in the next section of these TOU.

  1. Policies and Warranties for Purchase of Products
  1. Return, Refunds and Exchange Policy

PQMC is committed to your full customer satisfaction. If your purchase of Products does not meet your expectations, if the Product is defective or damaged, we will be pleased to accept return of your Product or exchange it subject to the conditions as outlined in this section.

To begin the process, you must contact customer service at infopqmc@pqmcstore.com so that we may assist you. Please note that we may ask you for pictures of the Product(s) you wish to return, and for additional information. We will provide you with all the necessary instructions to complete your return. This includes a Returned Merchandise Authorization (RMA) number which we will provide to you. Any return of Product(s) without an RMA number will not be accepted by PQMC.

Purchaser will have ten (10) days from the date of delivery to inspect the Product(s) for any damages, shortages, defects and non-conformance to notify PQMC, by contacting customer service at infopqmc@pqmcstore.com, of any defects, non-conformance, or rejection of the Product(s) (other than defects or nonconformities due to damage, shortage, or errors in shipping that will be reported as set forth below). Product(s) rejected as not conforming, or as otherwise defective, shall be returned at Purchaser’s initial expense, including shipping and handling costs, but subject to reimbursement by PQMC upon confirmation of the defect claimed.

To facilitate inspection of shortages, damages, or defects, we may require additional information from you, such as descriptions, photos, or other cooperation. Factory defects may require additional time for inspection by the manufacturers, and some parts may need to be shipped directly to the manufacturer.

Acceptance by Purchaser of Product(s) delivered by PQMC shall be deemed to have occurred no later than ten (10) days following delivery of such Product(s), unless a timely and proper rejection has been made by that date. After this period, Purchaser will be deemed to have irrevocably accepted the Product(s), if not previously accepted. After acceptance, Customer will have no right to reject the Product(s) for any reason or revoke acceptance.

Some Products may require return directly to the manufacturer. To the extent that PQMC purchases a Product from a manufacturer specifically for you, such Products may be non-cancelable or non-returnable, which shall be indicated to you at the time of purchase.

All Electrostatic Discharge Devices (ESDs) or moisture sensitive Product(s) should not be opened except under controlled conditions. All returns of such Product(s) will undergo PQMC inspection upon receipt. ESD Products that have not been handled according to the standards required will not be eligible for an exchange or refund.

Returns must be made within 30 days of date of shipping date and be in the original packaging and in unused/resalable condition (except if defective as described above). Only products originally shipped from PQMC will be accepted as returns. The Product(s) shall be subject to exchange or refund at the Purchaser’s option.

PQMC reserves the right to refuse any return or exchange which do not conform to this section of the TOU. When you return a Product, your refund will be issued according to the next section of these TOU.

  1. Refunds Processing

All refunds will be issued within seven (7) working days following our receipt of the returned Product. Your refund will be issued to the same credit card or other payment method used to make the purchase, less the delivery fees (where applicable).

You will be notified by email when the refund has been processed. Please note your financial institution may require additional processing time to credit your account.

  1. Cancellation

You may cancel your order of Product(s) if the order has not yet been shipped. If you wish to cancel your order, please contact customer service at infopqmc@pqmcstore.com to confirm the cancellation of your order, prior to receiving our email that your order has been shipped.

  1. Warranties

Products are covered for various periods by a manufacturer’s warranty covering manufacturing defects. The manufacturer’s warranty may also be extended by PQMC, depending on the Product. These warranties are displayed on the Product pages.

Warranties do not apply to Products that have been subject to abnormal use or conditions, unauthorized modifications, unauthorized repair, misuse, neglect, accident, alteration, improper installation or other acts which are not our fault including damage caused in shipping after delivery by PQMC. The warranties also do not apply to any product that has been subject to damage by external causes such as fire, flood, sand, dirt, lightning, exposure to weather, acts of God, theft, improper use, static discharge, neglect, accident or modification, or has been soldered. PQMC does not assume any responsibility for your Product design, installation or operation.

PQMC’s sole liability and the Purchaser’s sole remedy is limited to either: (1) repair or replacement of the defective Product; or (2) if after a reasonable number of attempts PQMC is unable to provide you with a Product that meets the warranty we will refund the purchase price for that Product (without interest); provided that such Product must be returned to PQMC, along with acceptable evidence of purchase, within the warranty period. Purchaser shall be responsible for shipping costs to return the Product in question.

The warranty is non-transferable if you resell the Product. The original receipt of purchase (which shall include email confirmation) shall be required for any claim made under the warranty.

  1. Proprietary Rights
  1. Intellectual Property Rights

You acknowledge that: (a) the Services and Website contain proprietary and confidential information that are protected by applicable intellectual property and other laws, and (b) PQMC and/or third parties (via license) own all right, title and interest in and to the Services and Website and content that may be presented or accessed through the Services and Website, including without limitation all Intellectual Property Rights therein and thereto.  All rights not specifically granted under these TOU are reserved to PQMC and its licensors.  “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, whether registered or not, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website or Services, or content that may be presented or accessed through the Website or Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Website or Services; or (iii) remove, obscure, or alter PQMC’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website or Services.

The content, arrangement and layout of the Website and Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to PQMC, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of PQMC, or as permitted by the functionality of the Services or these TOU.  Any unauthorized use of the content, arrangement or layout of the Website or Services, Computer Code, images, logos, videos, audio or trademarks found in the Website or Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and PQMC may take action accordingly.

The above paragraph further applies to third party property used as part of the Services or Website, including but not limited to third party Computer Code.  For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

  1. Submitted Information

If you choose to communicate to PQMC (via any means) suggestions for improvements to the Website or Services or PQMC’s Products or business generally (collectively, “Feedback”), PQMC shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction.  You hereby irrevocably assign all right, title and interest in and to the Feedback to PQMC and waive in favor of PQMC, its successors and assigns all your moral rights in the Feedback, and agree to provide PQMC such assistance as PQMC may require to document, perfect, and maintain PQMC’s rights to the Feedback.  You acknowledge and agree that, by providing any Feedback to PQMC, you are not entitled to any compensation or reimbursement of any kind from PQMC under any circumstances.

  1. Interruption of Service

From time to time, the Website or the Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Website or Services.  While we will endeavour to make this unavailability as brief as possible, PQMC and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website or Services, and disclaims any responsibility thereto.

  1. Suspension or Termination of your Account; Termination of the Services and the TOU

You agree that PQMC, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise suspend or terminate your access to or use of the Website and / or Services (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if PQMC believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

PQMC may also, in their sole discretion and at any time, discontinue providing the Website and / or Services, or any portion thereof, with or without notice.  You agree that PQMC shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website or Services, or from PQMC’s termination of the Website and / or Services or any part thereof.

Termination of the Website and / or Services or your access to the Website and / or Services shall terminate the present TOU as between you and PQMC.  All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

  1. External Links

From time to time PQMC may provide links to other websites or services. Links from the Website or Services may take you to websites or services not covered by these TOU.  When you access third-party resources on the Internet in this manner, you do so at your own risk.  PQMC provides those links as a convenience to you and PQMC takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services.  We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit.  PQMC does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites.

In no way will PQMC or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

  1. Disclaimer of Warranties

You expressly understand and agree that your use of the Website or Services, the information or material thereon (whether provided by PQMC or third parties) or any activity arising from your use of the Website or Services or the information thereon (including but not limited to your use of a purchased Product) or the materials streamed or downloaded therefrom is at your sole risk.  The Website and Services, any materials downloaded therefrom, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the Website or Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Website or Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website or Services or the information thereon (including but not limited to your use of a purchased Product) or any materials downloaded therefrom.

The information or resources provided on the Website or through the Services, written or produced by PQMC staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website or Services is as accurate and up-to-date as possible.  However, certain information may change, and errors or omissions may occur, and PQMC and / or its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or Services.

Except as provided for in the warranties for Products, PQMC expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website or Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose.  PQMC and its Representatives do not warrant that: (i) the Website and Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website or Services is free of viruses or other harmful components; (iv) functionalities of the Services will work equally in desktop and handheld or tablet device environments; or (v) the results of using the Website or Services, or any activity arising therefrom (including but not limited to your use of a purchased Product), or any content downloaded therefrom will meet your requirements.

  1. Limitation of Liability

PQMC shall not be liable and assumes no responsibility for any loss or damages arising from or relating to the information available through the Website or Services or downloaded therefrom, the use of the Website or Services, activities arising from your use of the Services (including but not limited to your use of a purchased Product), or any third-party materials on the Website or available through the Services.

To the maximum extent permitted by law, in no event will PQMC or it Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or Services, your use, misuse or inability to use the Website or Services or your use of any purchased Product(s), even if PQMC has been advised of the possibility of such damages.  This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

  1. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by PQMC or its Representatives, you agree to indemnify, defend and hold harmless PQMC and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or Services or the information thereon or information or materials downloaded therefrom; (ii) your participation in any activities arising from the Services (including but not limited to your use of a purchased Product), the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

  1. Governing Laws and Jurisdiction

These TOU, and your use of the Website and Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the Federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. Without limiting the generality of the foregoing governing law, PQMC’s practises with respect to the purchase of Products online are designed to be in conformity with Quebec’s Consumer Protection Act (R.S.Q. c. P-40.1), and its related regulations.

You agree that any legal action or proceeding between you and PQMC shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. Notwithstanding the foregoing, PQMC shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.

  1. Miscellaneous Provisions 
  1. The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and PQMC with respect to your use of the Website and Services, superseding any prior agreements between you and PQMC, its predecessors, affiliates or subsidiaries. Your use of certain aspects of the Website or Services may be subject to certain third-party terms or privacy policies, as described elsewhere in these TOU.
  2. PQMC shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond PQMC’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
  3. If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
  4. The failure of PQMC to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to PQMC.
  5. The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
  6. The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.

© PQMC – Power Quality, Magnetics and Conversions Inc. 2019